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Archive: 07 July 2023

Posts in 07 July 2023

Rejection of refund claim of sugar cess due to pendency of proceeding is unjustified

July 7, 2023 867 Views 0 comment Print

CESTAT Kolkata held that rejection of refund claim of sugar cess on the ground of pendency of proceedings when no stay has been given by any higher court is unjustified.

Gift from aunt shown as credits to capital account cannot be added as unexplained credits

July 7, 2023 843 Views 0 comment Print

ITAT Ahmedabad held that addition as unexplained credits to capital account unsustainable as gift from assessees aunt shown as credits to capital account.

Certificates issued by Singapore Tax Authorities is sufficient evidence for accepting legal position

July 7, 2023 990 Views 0 comment Print

Bombay High Court held that certificates issued by the Singapore Tax Authorities certifying that capital gain income would be brought to tax in Singapore is sufficient evidence for accepting the legal position.

Addition based on third party information without providing information to assessee -ITAT deletes

July 7, 2023 1911 Views 0 comment Print

ITAT Indore rules in favor of Manish Kumar Girdhari Lal Lath Vs ACIT, accepting assessee’s explanation due to lack of full information on credit card expenditure reported by third-party agencies, highlighting the importance of providing complete details for fair assessment.

Case Analysis of Tata Motors Vs Deputy Commissioner of Commercial Taxes (2023)

July 7, 2023 4782 Views 0 comment Print

In the 2004 case of Ekram Singh, it was held that if a defective part arises and a warranty situation arises, the manufacturer’s credit note is taxable. The credit note has to be issued by the manufacturer to the dealer of automobiles.

GIST of Amendments Under SEBI LODR Dated 14 June 2023

July 7, 2023 4401 Views 0 comment Print

Stay informed about the latest amendments under SEBI (LODR) Regulations with our quick overview. Explore changes in timelines, corporate governance norms, financial results, and more. Get a comprehensive understanding of the updates to ensure compliance and effective governance.

Rejection of Appeal is invalid if vehicle breaks down and new e-way bill prepared post interception

July 7, 2023 1503 Views 0 comment Print

HC set aside the order passed by the Appellate Authority and remanded back the matter to Appellate Authority to pass a fresh speaking order after giving petitioners an opportunity of being heard, as the assessee had duly prepared the e-way bill within 3 minutes of the interception of the vehicle.

GST: Provisional attachment of bank account is to be lifted up after one year

July 7, 2023 2004 Views 0 comment Print

Discover the impact of the Hon’ble Bombay High Court’s ruling on the provisional attachment of bank accounts under GST. Learn about the one-year validity period and the importance of complying with Section 83 of the CGST Act. Stay informed to protect your interests.

Credit for advance tax and TDS granted on upload of migration order

July 7, 2023 1014 Views 0 comment Print

Telangana High Court allowed credit for advance tax and TDS resulting into refund of Rs. 51.66 Crores on upload of migration order which was earlier not able to be uploaded.

Extended time limit not available as assessee ceases to be an ‘eligible assessee’

July 7, 2023 1176 Views 0 comment Print

ITAT Mumbai held that as the assessee ceases to be an ‘eligible assessee’ under provisions of section 144C of the Income Tax Act, extended time limit for assessment is not available to AO. Accordingly, order of TPO is barred by limitation.

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